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• ;OF COLO <br /> �Q p DEPARTMENT OF NATURAL RESOURCES <br /> David H.Getches,Executive Director <br /> MINED LAND RECLAMATION DIVISION <br /> 1876 * DAVID C.SHELTON, Director <br /> Richard D.Lamm <br /> Governor <br /> April 18, 1984 <br /> Mr. Doug Bowman <br /> Mid-Continent Resources, Inc. <br /> Carbondale, Colorado 81623 <br /> RE: Notice of Proposed Civil Penalty - Request for Conference, NOV C-84-050 <br /> File No. C-017-81 <br /> Dear Mr. Bowman: <br /> Enclosed are a Proposed Amount of: Civil Penalty form and a Request for <br /> Conference form. <br /> The Division proposes to assess a civil penalty of $2,150.00. Using the <br /> system for civil penalty assessment in Rule 5.04.5, the proposed civil penalty <br /> is broken down into $100.00 for history of previous violations, $1 ,300.00 for <br /> seriousness, and $750.00 for fault. <br /> Mid-Continent has had two violations within the preceding year (NOV's 83-13 <br /> and 83-27), therefore, $50.00 is assessed for each previous violation. <br /> The seriousness component is broken down into: 1 . The probability of <br /> occurrence of the event which a violated standard is designed to prevent; and, <br /> 2. The duration and extent of the potential or actual damage in terms of area <br /> and impact on the public environment. In this case, actual damage did occur; <br /> the topsoil stockpile was contaminated by coal processing waste and coal <br /> processing waste was deposited on an undisturbed area. The maximum of $875.00 <br /> (one half of the $1 ,750. maximum for seriousness) was assessed for <br /> probability. The duration and extent of this violation are generally small <br /> although there may be some possible long-term effects through a decrease in <br /> the amount of available topsoil from the stockpile. An assessment of $425.00 <br /> was made for duration and extent. <br /> The fault component is broken into two separate categories: 1 . Those <br /> violations that occurred due to to negilgence; and, 2. Those violations that <br /> occurred due to a greater degree of fault than negligence. This violation <br /> best fits the category of negligence. The maximum of $750.00 for the <br /> negligence category is assessed. The operator was negligent in both dumping <br /> the coal processing waste above the topsoil stockpile, and in preventing the <br /> saturated waste from flowing over the topsoil stockpile. In addition, the <br /> dumping of coal processing waste on the disturbed area borders on intentional <br /> conduct. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30.") 866-3567 <br />